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TMI Blog2021 (11) TMI 1215X X X X Extracts X X X X X X X X Extracts X X X X ..... fective Complaint No. 187 of 2020) filed by the Appellants herein-State of U.P. and others confirming the judgment and order passed by the learned Single Judge quashing and setting aside the eligibility lists dated 18.03.2019 and 10.05.2019 of the Superintending Engineers (Civil) for promotion to the post of Chief Engineer (Civil) Level-II from the department and further issuing a writ of mandamus, commanding the Appellants-competent authority to prepare the eligibility list of the Superintending Engineer (Civil) including the names of the Respondents-original writ Petitioners for promotion to the post of Chief Engineer (Civil) Level-II by granting them relaxation in minimum length of service in accordance with the U.P. Government Servants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of eligible persons are not available in the field of eligibility, the prescribed minimum length of service may be relaxed upto 50% by the Government in the Administrative Department in consultation with the Personnel Department excluding the period of probation. 2.2 The appointing authority determined 26 vacancies of Chief Engineer (Civil) Level-II for the Recruitment Year 2018-2019. The eligibility list was to be prepared in terms of Rule 4 of Uttar Pradesh Promotion by Selection (on posts outside the purview of Public Service Commission) Eligibility List Rules, 1986 (hereinafter referred to as "Rules, 1986") containing the names of the senior most candidates, as far as possible, three times the number of vacancies. Since there were 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mainly on the ground that they were entitled to the relaxation in minimum qualifying service as per Relaxation Rules, 2006. By judgment and order dated 11.12.2019, the learned Single Judge issued the writ of mandamus commanding the competent authority to prepare the eligibility list of Superintending Engineer (Civil) including the names of the original writ Petitioners for promotion to the post of Chief Engineer (Civil) granting them relaxation in minimum length of service in accordance with Relaxation Rules, 2006 as amended in the year 2013. Consequently, the learned Single Judge quashed and set aside the eligibility lists dated 18.03.2019 and 10.05.2019 of Superintending Engineer for promotion to the post of Chief Engineer. 2.4 Feeling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d number of eligible persons are not available in the field of eligibility. It is submitted that no employee can claim the relaxation as a matter of right. 4.2. It is therefore submitted that as admittedly the original writ Petitioners did not fulfil the eligibility criteria of having completed 25 years of service, their names were not required to be included in the eligibility list for promotion to the post of Chief Engineer. It is submitted that the High Court has erred in quashing and setting aside the eligibility lists dated 18.03.2019 and 10.05.2019, which as such were in absolute consonance with the statutory provisions of Rule 5(iii) and 8(iii) of the Rules, 1990. 4.3. Making above submissions, it is prayed to allow the present a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one of the conditions to be eligible is that the Superintending Engineer must have completed 25 years of service (including at-least three years' service as Superintending Engineer). It is an admitted position that the original writ Petitioners did not fulfill the eligibility criteria as they did not have the qualifying service of having completed 25 years of service. Thus, the eligibility lists were prepared by the department absolutely as per Rule 5(iii) and Rule 8(iii) of the Rules, 1990. The names of the original writ Petitioners were excluded from the eligibility list of Superintending Engineer for promotion to the post of Chief Engineer on the ground that they did not fulfil the eligibility criteria as per Rule 5(iii) of the Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X
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